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“Procedure and Jurisdiction of Revenue Courts under Rajasthan Tenancy Act, 1955”

(Agriculture & Land law)

Submitted by:- Submitted to:-Hemant.Arora Asst. Prof. Manish YadavB.A. LL.B.(Hons.) Faculty of law9thSem.

(Seedling School of Law & Governance)

JAIPUR NATIONAL UNIVERSITY

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DECLARATION

I declare that the dissertation entitled “Procedure and Jurisdiction of Revenue

Courts under Rajasthan Tenancy Act, 1955”: A Critical Analysis” is the outcome

of my own work conducted under the supervision of Mr.Manish Yadav at Jaipur

National University, Jaipur. (Raj.)

I further declare that to the best of my Knowledge the project does not contain any

part of any work, which has been submitted for the award of any degree either in this

University or in any other University / Deemed University without proper citation.

Hemant Arora

Dated:-22-9-2013

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CERTIFICATE OF THE SUPERVISOR

This is to certify that the research work entitled “Procedure and Jurisdiction of

Revenue Courts under Rajasthan Tenancy Act, 1955”: A Critical Analysis” is the

work done by Hemant Arora under my guidance and supervision for the Partial

fulfillment of the requirement of L.L.B degree of Jaipur National University, Jaipur

(Raj.) India.

To the best of my Knowledge and belief the dissertation: (i) embodies the work of the

candidate himself; (ii) has been duly completed; and (iii) is up to the standard both in

respect of contents and language for being referred to the examiner.

Mr. Manish Yadav

Professor of Law

Supervisor

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ACKNOWLEDGEMENT

I would like to express profound gratitude to Mr. manish yadav, for his

invaluable support, encouragement, supervision and useful suggestions throughout

this research work. His moral support and continuous guidance enabled me to

complete my work successfully. His intellectual thrust and blessings motivated me to

work rigorously on this study. In fact this study could not have seen the light of the

day if his contribution had not been available. It would be no exaggeration to say that

it is his unflinching faith and unquestioning support that has provided the sustenance

necessary to see it through to its present shape.

I am grateful to our Hon’ble Director Professor V.S. Mani , Jaipur National

University,Jaipur for his evincing keen interest in the LL.B course and continuous

encouragement given during our period of study.

I express my sincere thanks to my respected teachers Associate Professor Dr.

Dinesh Babu , Mr. Karn Bhardwaj (Assistant Professor), Mr. Anindya Tiwari

(Assistat Professor) for taking out their precious time and advising me on various

aspects of the study.

Among those who have sustained me over the years with their loyalty and

friendship, I would particularly mention my friends, Ankit Mathur, Anchit Verma,

Chetan Deep Singh have always taken a special interest in my work and unconditional

support at each turn of the life.

I must also thank and express my heartfelt gratitude to the library staff of Jaipur

National University, Jaipur, for helping me out in carrying out the research necessary

for the dissertation.

I express my deep sincere gratitude towards my parents for their blessing, patience,

and moral support in the successful completion of LL.B course.

I express my gratitude to my all teachers and friends who has supported and

encouraged me during my study at Jaipur national university, Jaipur.

Hemant Arora

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ContentsDECLARATION.........................................................................................................IICERTIFICATE OF THE SUPERVISOR...............................................................IIIACKNOWLEDGEMENT.........................................................................................IVTABLE OF CASES:.................................................................................................VIIINTRODUCTION........................................................................................................1CHAPTER 1: Procedure and Jurisdiction of Revenue Courts................................11.1 Provision for pending cases,etc.( Sec.206)-....................................................11.2 Suit and application cognizable by revenue court only (Sec.207) -................21.3 Application of Civil Procedure Code (Sec.208)-............................................31.4 Granting any relief to which plaintiff is entitled(Sec.209)-............................41.5 Procedure when plea of payment in good faith to a third person is taken(Sec.210)-..........................................................................................................41.6 Suits,etc.by co-sharers(Sec.211)-....................................................................41.7 Provision for injunction and appointment of a receiver(Sec.212)-..............51.8 Sale of Khatedar Tenant’s interest in execution of decree for arrears of rent(Sec.213)-.............................................................................................................71.9 Limitation in cases under this Act(Sec.214)-..................................................91.10 Court fee payable(Sec.215)-......................................................................101.11 Place of sitting of revenue courts(Sec216)-...............................................101.12 Ordinary powers of different grades of revenue courts(Sec.217)-............101.13 Inherent powers of revenue courts(Sec.218)-............................................111.14 Additional powers of revenue courts(Sec.219)-........................................111.15 Courts in which proceedings to be instituted(Sec.220)-............................121.16 Subordination of revenue courts(Sec.221)-...............................................12

Chapter 2: Appeal, Review, Rivision-......................................................................122.1 Appeal Against the Original Decree-............................................................132.3 Appeal against Orders...................................................................................15

REVIEW-....................................................................................................................16What is Review ?.................................................................................................17REVISION-..........................................................................................................17Powers of Revision of Board...............................................................................18REFERENCE-......................................................................................................19

Chapter 3: Declaratory Suit......................................................................................20Who Can Institute a Suit ?...................................................................................20

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For What purpose the Suit can be Filed ?............................................................21Suit for Tenant Class............................................................................................22Suit for Declaration of Khud Kasht Land............................................................22Suit for Declaration of Other Rights-...................................................................23SUIT FOR INJUNCTION...................................................................................23

Bibliography...............................................................................................................24Books:-.................................................................................................................24Websites:-.............................................................................................................24

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TABLE OF CASES:

Narayan & Ors. Vs. State of Rajasthan & Ors.2006 RRD 630 (H.C.) Mahavir Prasad & Ors. Vs. Smt. Krishni Devi & Ors.,2012(1) RLW609

(Raj.)2012(1) RLW609 (Raj.) Shankar Lal vs.Dalip Kumar & Ors. 2010(1) RRT 221: 2010 RRD 96. Kishor Singh vs. Ummed Singh,2007 RRD 257:2007(1)RRT 488 Sukhdev & Ors. Vs. Durga Devi & Ors,. 2011(1) RRT 111:2011 RRD 54. Sube Singh vs. Mahadev,2008(2) RRT 1203:2008 (2) RLW-Rj764. Shivali Ram Vs. Kampuri, 1973, RRD 81) Chhoga Vs. Rodi, 1967, RRD 136 Uchchhave Vs. State,f 1977 RRD 309 JeewanRam Vs. Vijaypal Singh, 1993, RRD 485 Netram Vs. Hari Singh (1974 RRD 346 Shivlal Vs. Umrao, 1984, RRD 139 Puran Shankar Vs. Prem Kaur, 1977 RRD 483 Ganga Sahai Vs. Birdhi Chand, 1956, RRD 292 Janata Gram Panchayat, Chhapara Vs. Thankur Guman Singh, 1959, RRD 105 State of Maharashtra Vs. S.V. Mahajani, A.I.R. 1960, Mumbai, 306 Mehar Chand Vs. State of Rajasthan 1990 RRD 13 Jethu Ram Vs. State of Rajasthan, 1990 RRD 231 Magharam Vs. Revenue Board, A.I.R 1998, Rajasthan 90 (Hanuman Vs. Mandir Shri Hansaji, Gram Likhma Depar, Dungargargh, 1994,

Rajasthan Law Journal,159). Bhura Ram Vs. Daulat Singh, 1968, RRD 537 State Vs. Narayan Singh, 1973, RRD, 690 Madhu Sudan Vs. Chhitardas, 1974 RRD 596 Ram Swarup Vs. Mrs Phooma, 1976, RRD 648 Ummaid Kanwar Vs. Man Kanwar (1990 RRD 425), Teka Vs. Dulha Singh, 1914, RRD 220 Ghasi Vs. Jagannath1969, RRD 298

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INTRODUCTION

The state government has introduced the ‘right of way’ so that farmers get legal access on a strip

of private land for reaching their homes and farms or laying water pipelines. Provisions under

this act enable any farmer to approach the government for the right to use of a land of private

landholder in larger public interest after paying compensation.

“Given the scattered land holdings in the state and disarrayed settlement, people find it difficult

to access their land and homes and have to pass through farms. To make it easy, the government

has introduced this amendment in its Tenancy Act of 1955”, said Ram Khilari Meena, principal

secretary, Revenue department.

“Now, in a public interest and after paying proper compensation, they can make roads or bring

underground pipelines for irrigation,” he added.

Thought the amendment was made in the year 2010, the drafting of rules has been completed this

month. As per the rules, any farmer who wants to dig an underground water pipeling through the

land of another farmer or pave or expand a road through it, will have to approach to the sub

divisional officer (SDO).The SDO will take the case on merit and if he finds the request genuine

and helpful for the community at large, he will pass the orders. The time period for taking any

such decisions shall be 90 days.

CHAPTER 1: Procedure and Jurisdiction of Revenue Courts

1.1 Provision for pending cases,etc.( Sec.206)-

1. All Suit, cases, appeals, applications, references and proceedings relating to matters dealt

with in this Act, and pending before a revenue court on the coming into force of this Act,

shall subject to any specific provision of this Act to the contrary be deemed to have been

commenced under this Act and shall be tried, heard and determined in the manner

prescribed by or under this Act.

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2. Any such suits, cases, appeals, applications, references or proceedings, which according

to the provisions of this Act do not lie to or are not triable by the revenue court before

which they are pending as aforesaid, shall be transferred to, and be heard and determined,

in accordance with law, by the revenue court to which they lie or by which they are

triable in accordance with the provisions of this Act.

3. Any such suit, application, case or proceeding, pending before a civil court when this Act

comes into force, which has been declared by Section 207 to be exclusively triable by a

revenue court shall be transferred by such civil court to the revenue court competent

under Section 217 to deal with and dispose of the same.

4. Any suits, applications, casees or proceedings, other than those referred to in Section 207,

pending before a revenue court on the coming into force of this Act, shall be transferred

by such revenue court to the civil court having jurisdiction to try, hear and determine the

same.

1.2 Suit and application cognizable by revenue court only (Sec.207) -

1. All suits and applications of the nature specified in the Third Schedule shall be heard and

determined by a revenue court.

2. No court other than a revenue courts shall take cognizance of any such suit or application

or of any suit or application based pm a cause of action in respect of which any relief

could be obtained by means of any such suit or application.

Explanation-

If the cause of action is one in respect of which relief might be granted by the revenue court,

it is immaterial that the relief asked for from the civil court is greater than, or additional to, or

is not identical with, that which the revenue court could have granted.

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Comments-

Sections207- Main challange in writ petition is that the question of adoption can only be

decided by the civil court. It is clearly indicated that being adopted son, respondent No.4 is

not asking his share but asking to determine the question of adoption and on the question of

adoption he is asking for share. The adoption beingh incidental issue, the Revenue Court has

jurisdiction to hear the matter of partition.- Narayan & Ors. Vs. State of Rajasthan &

Ors.,1

Sections207(2)- Suit for cancellation of adoption deed and will-stay on further proceedings

in civil continuing-Mair relief claimed for declaring adoption deed and will as void-Held-

Cancellation of two documents is an incidental relief to the main relief of declaration,

partition and possession which could have been taken away the jurisdiction of civil court in

view of bar under Section 207 (2) of the Act-The plaintiff filed two suits for declaration of

her rights and possession which were decreed in her favour-it can not be said that plaintiff

has not committed any error in filling civil suit-Trial Court is requested to expedite trial-

Revision dismissed.-Mahavir Prasad & Ors. Vs. Smt. Krishni Devi & Ors.,2012(1)

RLW609 (Raj.)2

1.3 Application of Civil Procedure Code (Sec.208)-

The provision of the Code of Civil Procedure, 1908 (Central Act V of 1908), except;-

a. Provision inconsistent with anything in this Act, so far as the inconsistency extends,

b. Provision applicable only to special suits or proceedings outside the scope of this Act,and

1 2006 RRD 630 (H.C.) 2 2012(1) RLW609 (Raj.)

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c. Provision contained in List I of the Fourth Schedule, shall apply to all suits and

proceedings under this Act, subject to the modifications contained in List II of the

Fourth Schedule.

1.4 Granting any relief to which plaintiff is entitled(Sec.209)-

In any suit or proceeding, the court may, on the application of the plaintiff and after framing

the necessary issues, grant any relief which the court is competent to grant and to which the

court is competent to grant and to which it may find the plaintiff entitled, notwithstanding

that such relief may not have been asked for in the plaint or application:

Provided that, after framing such issues, the court shall, on the request of either party, grant

reasonable time for the production of evidence.

1.5 Procedure when plea of payment in good faith to a third person is taken(Sec.210)-

When, in any suit suit or proceeding instituted under this Act, against a tenant for arrears

of rent of the holding for the period in respect of which the suit or proceeding is instituted

to a third person whom he, in good faith, believed to be entitiled to receive such rent, the

court shall, at the cost of such tenant, make such third person a party in the suit or

proceeding and shall inquire into and decide the question.

1.6 Suits,etc.by co-sharers(Sec.211)-

1. Except as otherwise provided in sub-section (3), when there are two or more co-sharers in

any right, title or interest, all things required or permitted to be done by the prossessor of

the same shall be done by them conjointly, unless they have appointed an agent to act on

behalf of all of them.

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2. Nothing in sub-section (1) shall affect any local usage or special contract by which a co-

sharer is entitled to receive separately the whole or his share of the rent payable by a

tenant.

3. When one of two or more co-sharers is not entitled to sue or proceed alone and the

remaining co-sharers refuse to join in a suit or proceeding for money recoverable by them

jointly, such co-sharer may sue or proceed separately for his share, joining the remaining

co-sharers as parties thereto.

4. Where the tenant of a holding or the illegal transferee of such tenant is also a co-sharer in

the proprietary right in such holding nothing in this sections shall require him to be

joined as plaintiff or applicant in any suit or application brought or made against him as

such tenant or illegal transferee under the provisions of this Act.

1.7 Provision for injunction and appointment of a receiver(Sec.212)-

1. If in the course of any suit or proceeding under this Act, it is proved by affidavit or

otherwise:-

a) That any property to which such suit or proceeding relates is in danger of being

wasted, damaged or alienated by any party thereto or

b) That any party to such suit or proceeding threatens or intends to remove or dispose of

the said property in order to defeat the ends of justice,the court may grant a temporary

injunction and, if necessary, appoint a receiver.

2. Any person against whom an injunction has been granted or in respect of whose

property a receiver has been appointed under sub-section (1) may offer cash security

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in such amount as the court may determine to compensate the opposite party in case

the suit or prceeding is decided against such persons, and on depositing the amount of

such security, the court may withdraw the injunction or the order appointing a

receiver, as the case may be.

Comments-

Section212- Temporary Injunction-If the co-tenant are relatives and want to show their

right on specific part of land, temporary injunction can be issued to restrain them-

Shankar Lal vs.Dalip Kumar & Ors.3

Section 212-When there is a dispute regarding registered or unregistered documents

before the court the cognizance will be given to the registered document. Revision has

been rejected and order passed by RAA was confirmed- Kishor Singh vs. Ummed

Singh,20074.

Section212-Immovable Property (Agriculture land) must by compulsorily registered

under section 17 of the Registration Act, Original document of family settlement was not

produced in any of the courts. Appointment of a receiver is a harsh remedy which should

not be resorted to dispossess a recorded khatedar tenant from possession of his khatedari

land, Held, RAA has neither committed any illegality nor jurisdictional error which does

not warrant any interference- Amarjeet Kaur vs. Gurmel Singh, 2011(1) RRT84: 2011

RRD56.

Section212-Temporary injunction-Order of S.D.O. was challanged in the first appeal

under section 225 of the Act before RAA which was allowed. This revision petition was

filed against the impugned order of RAA in the board of revenue. The suit land stands in

the filed against the impugned order of RAA in the Board of revenue.The suit land stands

in the khatedari rights of petitioners. Mortgaged land will be deemed to be redeemed after

expiry of the period mentioned in the mortgage deed or twenty years from the date of

3 2010(1) RRT 221: 2010 RRD 96.

4 RRD 257:2007(1)RRT 488

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execution whichever is less. As there is no prima facie case in favour of the non-

petitioners as such theyt are not entitled to any relief under suction 212 of the Act.

Revision was allowed and order of RAA was set aside-Sukhdev & Ors. Vs. Durga

Devi & Ors,5

Section212-Temporary Injunction-Land was mutated on the basis of Registered will of

the deceased tenant.This was challanged by the petitioner claiming that he is adopted son

of the deceased. Name of the non-petitioner recorded as khatedar and prima facie title is

in favour of non-petitioner. Assistant collector has not given cogent reason of considering

land to be “in medio” Genuine holder of the possession should not be casually ousted

from the land. The petitioner was not the tenant so far therefore he is not entitled to get

exemption under section 46. Revisions were dismissed.-Sube Singh vs. Mahadev,6

1.8 Sale of Khatedar Tenant’s interest in execution of decree for arrears of rent(Sec.213)-

1. Subject to the provision of Section 42, the interest of a Khatedar Tenant in his

holding or in any part thereof may be sold in execution of a decree for arrears of

the rent of such holding and, unless such interest is purchased by the landholder

thereof, the purchaser shall, subject to the provision of sub-section(3), have the

same interest in such holding or part and be subject to the same liabilities in

respect thereof as the tenant.

2. Before selling the interest of a Khatedar Tenant in a part only of his holding in

accordance with sub-section(1), the court executing the decree shall, in

accordance with rules made by the Board, distribute the rent of the holding over

such part and the remainder of the holding.

3. When such interest is sold-5 2011(1) RRT 111:2011 RRD 54.6 2008(2) RRT 1203:2008 (2) RLW-Rj764.

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a) A sub-tenant, or

b) An agricultural or other labourer or a village servant, who resides in the village, or

c) Any agriculturist who resides in the village, or

d) The landholder, other than the state Government or an estate holder, or

e) The estate holder,

May, in the above order of priority, within fifteen days of the date of sale, claim to

take such interest at the highest bid:

Provided that where two or more persons belonging to the same class, being a class

mentioned in clause(a) or clause (c) claim to take such interest, preference shall be

given to the claimant who cultivates the smallest area in the village and when they

cultivate an equal area the claim shall be determined in the prescribed manner:

Provided further that if two or more persons belonging to the same class, being a class

mentioned in clause (b) claim to take such interest, the claim shall be determined in

the prescribed manner.

4. Notwithstanding anything contained in sub-section (3) where the Khatedar Tenant

whose interest is sold under this section is a member of a Scheduled Caste or a

Scheduled Tribe preference among rival claimants belonging to any of the classes

mentioned in clauses (a) , (b) and (c) shall be given to the claimants of a particular

class who is a member of a Scheduled Caste or Scheduled Tribe.

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1.7 Limitation in cases under this Act(Sec.214)-

1. The suits and applications specified in the Third schedule shall be instituted and

made within the time prescribed therein for them and every such suit instituted or

application made after the expiry of the period of limitation so prescribed shall be

dismissed:

Provided that any such suit or application for whcich the period prescribed by the

said schedule is shorter than the period prescribed by any law in force before the

commencement of this Act, may be instituted or made within six months next

after the commencement of this Act or within the period of limitaiton prescribed

by the aforesaid law, whichever period expries first:

Provided further that any such suit or application for which a period of

limitation is prescribed by the said Schedule but for which no period is prescribed

by the aforesaid law may be instituted or made within the period prescribed by the

said Schedule computed from the date of the commencement of this Act.

2. If the payment of rent has been suspended under the order of a competent

authority on account of an agricultural clamity, the period of suspension shall be

excluded in the computation of the period of limitation prescribed for a suit for

the recovery of such rent.

3. Subject to the provisions contained in sub-section(1) and (2) the provisions of the

Indian Limitation Act, 1908 (Central Act IX of 1908) shall apply to suits, appeals,

applications and proceedings under or in pursuance of this Act.

1.8 Court fee payable(Sec.215)-

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The court fees payable in suits and on applications under this Act shall be as specified in the

sixth columm of the Third Schedule :

Provided that no court fee shall be payable in anyt suit or on any application instituted or

made by or on behalf of the State Government.

Powers of court

1.9 Place of sitting of revenue courts(Sec216)-

1. The board may sit for the disposal of cases at any place in the state.

2. A revenue appellate authority shall sit at such place or places as the state Government may, from time to time, direct.

3. A Collector, a Sub-Divisional Officer or an Assistant Collector may hold his court at any place within the district, sub-division or other local area to which he is appointed.

4. A Tehsildar may hold his court at any place within his Tehsil.

1.10 Ordinary powers of different grades of revenue courts(Sec.217)-

1. The different grades of revenue courts competent to dispose of suits and applications

under this Act shall be those specified in the seventh column of the Third Schedule.

2. Notwithstanding anything contained in sub-section(1), a Tehsidar shall have power to

dispose of in accordance therewith only those suits or applications in which the State

Government is not a party and in which the amount or value of the subject-matter does

not exceed three hundred rupees or such other maximum limit, not below one hundred

rupees, as the state Government may from time to time, by notification in the official

Gazette direct and, where any suit or application specified in the Third Schedule to be

within the competence of a Tehsildar exceeds such amount or value or has been brought

or made by or against the state Government it shall be heared and disposed of by

Assistant Collector.

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1.11 Inherent powers of revenue courts(Sec.218)-

In addition to the powers specified in the foregoing section:-

1. A revenue appellate authority shall have all the powers of a Collector, a Sub-Divisional Officer, an Assistant Collector and a Tehsildar;

2. A Collector shall have all the power of a Sub-Divisional Officer, an Assistant Collector and a Tehsildar;

3. A Sub-Divisional Officer shall have all the powers of an Assistant Collector and a Tehsildar and

4. An Assistant Collector shall have all the powers of a Tehsildar.

1.12 Additional powers of revenue courts(Sec.219)-

1. The State Government may confer:-

a) On a Naib-Tehsildar, all or any of the powers of a Tehsildar,

b) On a Tehsildar, all or any of the powers of an Assistant Collector,and

c) On an Assistant Collector, all or any of the powers of a Sub-Divisional Officer, or a Collector.

2. In conferring powers under this section, the State Government may empower persons by name or classes of officers generally by their official designations.

3. If an officer in any tehsil, sub-division district or other area who has been invested by name with any powers under this section is transferred to an equal office of the same natural in another tehsil, sub-division, district or area, he shall, unless the State Government otherwise directs, be held to be invested with the same powers under this section in such other tehsil,sub-division district or area.

1.13 Courts in which proceedings to be instituted(Sec.220)-

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All suits and applications specified in the Third Schedule shall be instituted in or made to the revenue court of the lowest grade competent to dispose of them in accordance with the provision of Section 217:

Provided that if there is no Assistant Collector or Sub-Divisional Officer in any area, the suits or applications cognizable by any of them shall be instituted in or made to the court of the Collectro having jurisdiction over such area.

1.14 Subordination of revenue courts(Sec.221)-

The general superintendence and control over all revenue courts shall be vested in, and all

such courts shall be subordinate to the Board; and subject to such superintendence, control,

and subordination-

a. Omitted.

b. All Additional Collectors, Sub-Divisional Officers, Assistant Collectors and Tehsildars in

a district shall be subordinate to the Collector thereof,

c. All Assistant Collectors,Tehsildars and Naib-Tehsildars in a Sub-division shall be

subordinate to the Sub-Divisional Officer Thereof,and

d. All Additional Tehsildars and Naib-Tehsildars in a tehsil shall be subordinate to the

Tehsildar thereof.

Chapter 2: Appeal, Review, Rivision-

Under Section 224 to 228, provisions have been made for appeal. Appeal has been described as of three types:

i. Appeal against the original decree;

ii. Appeal against the decree passed in Appeal and

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iii. Appeal against orders.

2.1 Appeal Against the Original Decree-

Under Section 223 of the Act, the appeal against the original decree:

a. If such decree has been passed by the Tehsildar than appeal can be made to collector:and

b. If such decree has been passed by Assistant collector, Block Development Officer of

Collector, then its appeal can be made to Revenue Appellate Authority.

Such appeal is called as first appeal. Appeal can only be made by the aggrieved party (Shivali

Ram Vs. Kampuri,7)

Under Section 228, the time limit has been presenbed for appeal.

According to this:

a. Appeal to collector within 30 days and

b. Appeal to Revenue Appellate Authority within 60 days.

The period of limitation will be counted from the date when the decree is known. Section 5

of Limitation Act 1963 is applicable in such cases (Chhoga Vs. Rodi,8)

It is to be mentioned that the decisions of Appellate courts are binding upon subordinate

courts (Uchchhave Vs. State,9.)

7 1973, RRD 818 1967, RRD 1369 1977 RRD 309

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2.2 Appeal Against Decree Passed in Appeal

This is known as second appeal. Under section 224 of the Act, provisions have been made for

second appeal .

a. Appeal against decree passed in appeal by collector can be made to Appellate

Revenue Authority:and

b. Appeal against decree passed by Appellate Revenue Authority can be made to

Revenue Board.

Such appeal can be made on the following grounds:

i. When the decision is against law or against the custom having the force of law;

ii. When any important issue has not been decided which is involved in law or in any custom having the force of law;

iii. When any procedural defect is left which has led defective decision

iv. When the decision is against the effect of recorded evidence.

It is clear form the above analysis that the Revenue Board does not interfere on the basis of

facts.(Shivlal Vs. Umrao,10).

In Netram Vs. Hari Singh 11 it has been decided as not to consider the case in second appeal

became the question involved was a question of dispute in proper disposal of will; it was

accepted as a question of fact.

Under Section 212 (injunction and appointment of receiver),the appeal can be made against

order passed rejecting the application under Section 224 of the Act (JeewanRam Vs.

Vijaypal Singh,12

10 1984, RRD 13911 1974 RRD 34612 1993, RRD 485

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The time limit for second appeal is 90 days i.e. appeal to Revenue Board can be made within

90 days and not afterwards.

2.3 Appeal against Orders

Under Section 225 of the Act, provisions have been made for, appeal against orders.

According to this, the appealable orders are as follows:

a. Final order passed on petition of the nature specified in third schedule;

b. Order passed under Section 212 of the Rajasthan Tenancy Act 1955; and

c. Orders passed as mentioned under Section 104 of code of civil procedure,1908.

Appeal against such order may be made to the following:

i. If the order is passed by Tehsildar, appeal is made to the collector;

ii. If the order is passed by Assistant Collector, Block Development Officer or Collector,

then appeal will be made to Revenue Appellate Authority.

iii. If the order is passed by Revenue Appellate Authority, then appeal will be made to

Revenue Board. (Puran Shankar Vs. Prem Kaur, 13

Under Section 225, no appeal can be made against order passed in appeal. It means that there is

no provision of second appeal against orders.

The Board can accept or feject any appeal after preliminary .(Section 226)

13 1977 RRD 483

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But no order or decree can be reversed or altered on the basis of irregularity or error. Such

irregularity or error may be of following types:

a. Misjoinder of parties,

b. Misjoinder of cause of Actions,

c. Any error or

d. Irregularity (Ganga Sahai Vs. Birdhi Chand,14

The above provision will be applicable only when the irregularity or error does not effect

the merit and demerit of the case. If there is no joinder of parties, and it affects the merit

and demerit of the case, then the provision of this Section will not be applicable (Janata

Gram Panchayat, Chhapara Vs. Thankur Guman Singh, 15

REVIEW-

Under Section 229 of Rajasthan Tenancy Act, 1955 provisions have been made for review. According to this, under Code of Civil Procedure 1908:

1. The Revenue Board at its own will or on the application of any party to the suit, can review any decree or order passed by it or by any member of it and can also rescind, alter or ratify such decree or order; and

2. In addition to Revenue Board, any Renvenue Court Can Review its decree or order passed by it.

14 1956, RRD 29215 1959, RRD 105

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What is Review ?

Review means rectification of mistake or error relating to fact or procedure left while

passing the order, decree or taking decision by any court, it is reconsideration of order.

(State of Maharashtra Vs. S.V. Mahajani,16

The main objective of review is to rectify any error or mistake which has left while

passing the decree or order at the preliminary stage so that it may not lead to multiplicity

of suits.

Normaly review is made only when there is any mistake apparent on the face of the

record (Mehar Chand Vs. State of Rajasthan 17

Review can be made by made by the Board at its own initiative or on the application of

the party. Any other person cannot apply for review (Magharam Vs. Revenue Board, 18

Further, the scope of review is limited (Jethu Ram Vs. State of Rajasthan, 19

REVISION-

Under Section 230 and 231 of Rajasthan Tenancy Act 1955, provision have been made for revision:

Powers of Revision of Board

Under Section 230, the provisions have been made indicating the powers of revision of Board. According to this, the Board can call any record of the case from the subordinate

16 A.I.R. 1960, Mumbai, 30617 1990 RRD 1318 A.I.R 1998, Rajasthan 9019 1990 RRD 231

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court about such case decided by such court for which appeal cannot be made under Section 239 and if it appears that, court:

a. Has used such jurisdiction which is not vested in it as per law; or

b. It has not used the jurisdiction which is not vested in it; or

c. Used illegal method in use of its jurisdiction and worked with material irregularity, then the Board may pass such order which it may deem fit.

Revisionary Powers of High Court

Similarly, under Section 231, the revisionary power of High Court have been mentioned.

According to this, the High Court may call such records of the case which has been

decided by its subordinate court and whose appeal may be made, under Section 239, to

the civil court and cannot hat the Civil or Revenue Court:

a. Has used such jurisdiction which is not vested in it as per law; or

b. It has not used the jurisdiction vested in it; or

c. Has used illegal methods in use of its jurisdiction and worked with material

irregularity then the High Court may issue such orders which it may deem fit.

Thus the basis of jurisdiction of Board and High Court are the same. Revision can be

made under those cirumstances when the subordinate courts have not used their

jurisdiction properly and the subordinate court has worked with material irregularity

(Hanuman Vs. Mandir Shri Hansaji, Gram Likhma Depar, Dungargargh, 20

In fact, the main objective of revision

a. Is to rectify or remove the errors, irregularities, and illegalaties relating to jurisdiction of subordinate courts; and

20 1994, Rajasthan Law Journal,159

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b. Is to achieve of Justice.

In revision, such orders may be passed by the Board or High Court which it may deem fit (Bhura Ram Vs. Daulat Singh, 21

REFERENCE-

Under Section 232, provisions have been made for reference. Accordig to this, the

Collector may call the records of any case or decree or order passed by the subordinate

court for the purpose of satisfying himself about the validity or propriety of such decree

or order passed by such court.

If it appears to him that the order or decree passed by subordinate court is liable to be

rescinded, altered or reversed than he may refer such case to the Board with his opinion.

The Board may, then, pass such order which it may deem fit.

Thus Section 232, provides for the powers of Collector for referring the case to Board

with his opinion, after stisfying himself about validity, regularity and propriety of any

order or order or decree passed by the subordinate court. He may call the records of such

case.

This power is vested only in the Collector and not in any other person. Such reference

may be made only when the Collector is satisfied, otherwise not. Such reference can only

be made when the orders of subordinate courts is illegal. The Collector, before referring

the case, has to record reasons for that. (State Vs. Narayan Singh,22

21 1968, RRD 53722 1973, RRD, 690

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Chapter 3: Declaratory Suit

Section 88 of the Act provides for declaratory suit.

According to this:

1. Any person who is tenant or sub-tenant may institute a suit for declaration that

a. He is tenant or b. He is co-sharer in joint tenancy;

2. The tenant of Khud Kasht will also be able to institute a suit for declaration that he is a tenant of Khud Kasht;

3. Shikami tenant can also institute a suit for declaration against that person from who helds land, that he is Shikami tenant;

4. Any land holder apart from State Government can institute a suit, against such person who is tenant, or co-tenant, tenant, of Khud Kasht or Shikami tenant who claims for such, for declaration of his rights.

From above analysis, it is clear that the declaratory suit is instituted for declaration of position or rights of tenants.

Who Can Institute a Suit ?

Under Section 88 of the Act, the declaratory suit can be filed by the following persons:

a. Tenant;

b. Co-tenant;

c. Tenant of Khud Kasht;

d. Shikami tenant; and

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e. Any land holder different from State Government.

If the tenant or land holder is any statue, then, the suit can be instituted by the manager on

that behalf (Madhu Sudan Vs. Chhitardas, 1974 RRD 596)

For declaratory suit, it is necessary that the plaintiff is in the position of tenant or land

holder (Ram Swarup Vs. Mrs Phooma, 1976, RRD 648).

For What purpose the Suit can be Filed ?

Under Section 88, the suit can be instituted by any tenant or land holder for the purpose of declaration of that

i. He is tenant ii. He is Co-tenant

iii. He is co-sharer in joint tenancy;iv. He is tenant of Khud Kashtv. He is Shikami tenant or

vi. He is land holder.

Thus the declaratory suit is instituted for declaration of one’s position or his right.

For setting aside any parcha of settlement, declaratory suit can be instituted under Section 88 Ghasi Vs. Jagannath1969, 23

Similarly, the declaratory suit can be instituted for challenging the legality of mutation or change of name in the Register Teka Vs. Dulha Singh,24

In case Ummaid Kanwar Vs. Man Kanwar 25, it has been decided that it is compulsary to pray for relief for getting possession of disputed property in a declaratory suit. In absence of possession the mere relief declaration is meaningless.

Further, whether to give such relief or not depends upon the discretion of the court.

23 RRD 29824 1914, RRD 22025 1990 RRD 425

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Suit for Tenant Class

Under Section 89, any tenant or landholder may institute a suit for the purpose of declaration that he is:

a. Tenant of a particular class

b. The land is of particular area, number and boundaries;

c. The rent payable for the area of land and its mode of payment

d. In case of payment of rent in cash, the date on which and the instalments in which such payments are to be made;

e. In case of rent payble in kind, the determination of prices of crops, division, time of such giving and method.

f. The time period of tenancy which is to be maintained or kept in case of tenants of Ghair Khatedari or Khud Kasht or Shikami Khatedar and

g. Any specified conditions which are not inconsistent with the provisions of this act.

Suit for Declaration of Khud Kasht Land

Under Section 90 of the Act, when the tenant claims that

a. It is his land area, and

b. He cultivates the land.

Then he can institute a suit for the purpose of such declaration Similarly, any land holder can institute a declaratory suit for the purpose of declaration that it is his Khud Kasht land.

Thus under Section 90, the tenant or land holder both can institute a suit for declaration of their Khud Kasht lands. But for this purpose, the plaintiff has to prove his position (Ghisa Vs. Ahmed, 1960, RRD 114).

Suit for Declaration of Other Rights-

Under Section 91 of the Act, any person can institute a suit for declaration of his such rights that:

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a. Such rights are conferred upon him by the Act.

b. For which no provisions have been made otherwise.

The right to grazing of animals on grazing land, reaping and removing of glass, cleaning, right of ownership over well, right of natural flow of water are such rights for which instituted.

SUIT FOR INJUNCTION

Section 92 a of Rajasthan Tenancy Act 1955 confers upon the right to institute a suit for getting injunction. Accordings to this, ‘Any person for his all rights or for any of these rights which are conferred upon him under this Act, can institute a suit for injunction in compliance of and under the provisions of Specific Relief Act’.

Injunction means such order of the court by which any person is prevented from interference or threatening of interference in the rithts of other person.

Injunction is issued in such a situation when if it is not issued, then the loss incurred in such situation is:

I. Irreparable II. It is impossible to estimate such loss; or

III. It is not possible to get such amount of loss.Still, it is essential that in favour of plaintiff.

I. There is a prima facie case;II. There is a balance of convenience; and

III. There is irreparable loss to the plaintiff.

Bibliography

Books:-

Rajasthan Tenancy Act, 1955Babel law series,

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Websites:-

www.Indiankanoon.comwww.Lawyersclub.comwww.Manupatra.com